15 U.S.C. § 1: Trusts, etc., in restraint of trade illegal; penalty

Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court. “This subtitle may be cited as the ‘Antitrust Modernization Commission Act of 2002’. “There is established the Antitrust Modernization Commission (in this subtitle referred to as the ‘Commission’). to examine whether the need exists to modernize the antitrust laws and to identify and study related issues; to solicit views of all parties concerned with the operation of the antitrust laws; to evaluate the advisability of proposals and current arrangements with respect to any issues so identified; and to prepare and to submit to Congress and the President a report in accordance with section 11058. Four members, no more than 2 of whom shall be of the same political party, shall be appointed by the President. The President shall appoint members of the opposing party only on the recommendation of the leaders of Congress from that party. Two members shall be appointed by the majority leader of the Senate. Two members shall be appointed by the minority leader of the Senate. Two members shall be appointed by the Speaker of the House of Representatives. Two members shall be appointed by the minority leader of the House of Representatives. Members of Congress shall be ineligible for appointment to the Commission. Subject to paragraph (2), members of the Commission shall be appointed for the life of the Commission. an officer or employee of a government ceases to be an officer or employee of such government; or an individual who is not an officer or employee of a government becomes an officer or employee of a government; Seven members of the Commission shall constitute a quorum, but a lesser number may conduct meetings. Initial appointments under subsection (a) shall be made not later than 60 days after the date of enactment of this Act [ Nov. 2, 2002 ]. The Commission shall meet at the call of the chairperson. The first meeting of the Commission shall be held not later than 30 days after the date on which all members of the Commission are first appointed under subsection (a) or funds are appropriated to carry out this subtitle, whichever occurs later. A vacancy on the Commission shall be filled in the same manner as the initial appointment is made. Before appointing members of the Commission, the President, the majority and minority leaders of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall consult with each other to ensure fair and equitable representation of various points of view in the Commission. The President shall select the chairperson of the Commission from among its appointed members. The leaders of Congress from the opposing party of the President shall select the vice chairperson of the Commission from among its remaining members. Each member of the Commission who is not otherwise employed by a government shall be entitled to receive the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5 United States Code, as in effect from time to time, for each day (including travel time) during which such member is engaged in the actual performance of duties of the Commission. A member of the Commission who is an officer or employee of a government shall serve without additional pay (or benefits in the nature of compensation) for service as a member of the Commission. Members of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. The chairperson of the Commission may, without regard to the provisions of chapter 51 of title 5 of the United States Code (relating to appointments in the competitive service), appoint and terminate an executive director and such other staff as are necessary to enable the Commission to perform its duties. The appointment of an executive director shall be subject to approval by the Commission. The chairperson of the Commission may fix the compensation of the executive director and other staff without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 of the United States Code (relating to classification of positions and General Schedule pay rates), except that the rate of pay for the executive director and other staff may not exceed the rate of basic pay payable for level V of the Executive Schedule under section 5315 of title 5 United States Code, as in effect from time to time. The Commission may procure temporary and intermittent services of experts and consultants in accordance with section 3109(b) of title 5 , United States Code. The Commission, or a member of the Commission if authorized by the Commission, may hold such hearings, sit and act at such time and places, take such testimony, and receive such evidence, as the Commission considers to be appropriate. The Commission or a member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission or such member. The Commission may obtain directly from any executive agency (as defined in section 105 of title 5 of the United States Code) or court information necessary to enable it to carry out its duties under this subtitle. On the request of the chairperson of the Commission, and consistent with any other law, the head of an executive agency or of a Federal court shall provide such information to the Commission. The Administrator of General Services shall provide to the Commission on a reimbursable basis such facilities and support services as the Commission may request. On request of the Commission, the head of an executive agency may make any of the facilities or services of such agency available to the Commission, on a reimbursable or nonreimbursable basis, to assist the Commission in carrying out its duties under this subtitle. The Commission or, on authorization of the Commission, a member of the Commission may make expenditures and enter into contracts for the procurement of such supplies, services, and property as the Commission or such member considers to be appropriate for the purpose of carrying out the duties of the Commission. Such expenditures and contracts may be made only to such extent or in such amounts as are provided in advance in appropriation Acts. The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. “Not later than 3 years after the first meeting of the Commission, the Commission shall submit to Congress and the President a report containing a detailed statement of the findings and conclusions of the Commission, together with recommendations for legislative or administrative action the Commission considers to be appropriate. “The Commission shall cease to exist 60 days after the date on which the report required by section 11058 is submitted. “There is authorized to be appropriated $4,000,000 to carry out this subtitle.” The Comptroller General shall conduct a study of the effect of the antitrust exemption on institutional student aid under section 568 of the Improving America’s Schools Act of 1994 ( 15 U.S.C. 1 note) [ Pub. L. 103–382 , see below]. the institutions of higher education participating under the antitrust exemption under section 568 of the Improving America’s Schools Act of 1994 ( 15 U.S.C. 1 note) (referred to in this Act [see Short Title of 2001 Amendment note above] as the ‘participating institutions’); the Antitrust Division of the Department of Justice; and other persons that the Comptroller General determines are appropriate. examine the needs analysis methodologies used by participating institutions; the percentage of first-year students receiving institutional grant aid; the mean and median grant eligibility and institutional grant aid to first-year students; and the mean and median parental and student contributions to undergraduate costs of attendance for first year students receiving institutional grant aid; comparison data, identified in clauses (i) and (ii), from institutions of higher education that do not participate under the antitrust exemption under section 568 of the Improving America’s Schools Act of 1994 ( 15 U.S.C. 1 note); and other baseline trend data from national benchmarks; and examine any other issues that the Comptroller General determines are appropriate, including other types of aid affected by section 568 of the Improving America’s Schools Act of 1994 ( 15 U.S.C. 1 note). The study under paragraph (1) shall assess what effect the antitrust exemption on institutional student aid has had on institutional undergraduate grant aid and parental contribution to undergraduate costs of attendance. the time period prior to adoption of the consensus methodologies at participating institutions; and the data examined pursuant to subparagraph (A)(iii). Not later than September 30, 2006 , the Comptroller General shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that contains the findings and conclusions of the Comptroller General regarding the matters studied under subsection (a). The Comptroller General shall not identify an individual institution of higher education in information submitted in the report under paragraph (1) unless the information on the institution is available to the public. student-level data that is sufficient, in the judgment of the Comptroller General, to permit the analysis of expected family contributions, identified need, and undergraduate grant aid awards; and information on formulas used by the institution to determine need; and submit the data and information under paragraph (1) to the Comptroller General at such time as the Comptroller General may reasonably require. Nothing in this subsection shall be construed to require an institution of higher education that does not participate under the antitrust exemption under section 568 of the Improving America’s Schools Act of 1994 ( 15 U.S.C. 1 note) to collect and maintain data under this subsection.” to award such students financial aid only on the basis of demonstrated financial need for such aid; to use common principles of analysis for determining the need of such students for financial aid if the agreement to use such principles does not restrict financial aid officers at such institutions in their exercising independent professional judgment with respect to individual applicants for such financial aid; or to use a common aid application form for need-based financial aid for such students if the agreement to use such form does not restrict such institutions in their requesting from such students, or in their using, data in addition to the data requested on such form. any financial aid or assistance authorized by the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.); or any contract, combination, or conspiracy with respect to the amount or terms of any prospective financial aid award to a specific individual. the term ‘alien’ has the meaning given such term in section 101(3) [101(a)(3)] of the Immigration and Nationality Act ( 8 U.S.C. 1101(3) [1101(a)(3)]); the term ‘antitrust laws’ has the meaning given such term in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), except that such term includes section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent such section applies to unfair methods of competition; the term ‘institution of higher education’ has the meaning given such term in section 101 of the Higher Education Act of 1965 [ 20 U.S.C. 1001 ]; the term ‘lawfully admitted for permanent residence’ has the meaning given such term in section 101(20) [101(a)(20)] of the Immigration and Nationality Act ( 8 U.S.C. 1101(20) [1101(a)(20)]); the term ‘national of the United States’ has the meaning given such term in section 101(22) [101(a)(22)] of the Immigration and Nationality Act ( 8 U.S.C. 1101(22) [1101(a)(22)]); the term ‘on a need-blind basis’ means without regard to the financial circumstances of the student involved or the student’s family; and the term ‘student’ means, with respect to an institution of higher education, a national of the United States or an alien admitted for permanent residence who is admitted to attend an undergraduate program at such institution on a full-time basis. Subsection (a) shall expire on September 30, 2022 .”